Category Archives: Orphan Works

Maria Pallante is the current Register of Copyrights and Director of the United States Copyright Office. Her testimony today before the House Judiciary Committee was, as expected, full of ideas for modernization of the copyright office which she sees as a top priority.

Maria also suggests that various issues including Music Licensing, Small Claims, Felony Streaming, Orphan works, Resale Royalty, Section 108 reform, improvements for persons with print impairment, and presumptions regarding section 1201 exceptions, have been studied by the Office and are ripe for legislative action. Her testimony additionally identifies other issues where the Office will conduct further study, and issues as to which the Office suggests action is needed but must occur in the courts or by other means.

Her remarks also included the announcement of the creation of The U.S. Copyright Office Fair Use Index. This Fair Use Index is a project undertaken by the Office of the Register in support of the 2013 Joint Strategic Plan on Intellectual Property Enforcement of the Office of the Intellectual Property Enforcement Coordinator (IPEC). Fair use is a longstanding and vital aspect of American copyright law. The goal of the Index is to make the principles and application of fair use more accessible and understandable to the public by presenting a searchable database of court opinions, including by category and type of use (e.g., music, internet/digitization, parody).

The Copyright Office will host public roundtable discussions and seeks further comments on potential legislative solutions for orphan works and mass digitization under U.S. copyright law. The meetings and comments will provide an opportunity for interested parties to address new legal developments as well as issues raised by comments provided in response to the Office’s previous Notice of Inquiry.

The public roundtables will take place on March 10-11, 2014, in the Copyright Office Hearing Room, LM-408 of the Madison Building, Library of Congress, 101 Independence Ave. SE, Washington, D.C. 20559. The roundtable discussions will be held from 9:00 a.m. to 5:00 p.m. on both days.

The schedule for the roundtables, which includes the dates and times for specific topics, is set forth below. As shown in the schedule, the roundtables have been divided into nine distinct sessions. If you are interested in participating in one or more of the roundtable sessions, please complete and submit the participation form no later than February 24, 2014.

Due to space constraints, the Office cannot guarantee that it will be able to accommodate every request. To maximize the number of viewpoints presented, the Office will accept only one representative per entity as a participant in a particular session (but an entity may request to have different representatives in different sessions).

The Office also will provide members of the public with the opportunity to observe the hearings. Note, however, that space is limited due to the size of the hearing room. The Office will admit observers on a first come, first serve basis. To allow for a diverse audience, we ask that entities limit any observers to one per session.

The Office is making arrangements to transcribe the proceedings and will post the transcripts on the Office website. Additionally, the Office is seeking further public comments on orphan works issues, including those to be discussed at the public roundtables. A comment form will be posted on this site no later than March 12, 2014. Comments must be submitted no later than April 14, 2014.

Sessions and hearing schedule

The public roundtable discussions will be divided into nine sessions addressing distinct topics. Below is the schedule and information as to which topics will be discussed at particular sessions.

TIME

DAY ONE (MARCH 10, 2014)

9:00 – 10:15

Session 1: The need for legislation in light of recent legal and technological developments

Session 4: The types of works subject to any orphan works legislation, including issues related specifically to photographs

3:30 – 3:45

Break

3:45 – 5:00

Session 5: The types of users and uses subject to any orphan works legislation

TIME

DAY TWO (MARCH 11, 2014)

9:00 – 10:15

Session 6: Remedies and procedures regarding orphan works

10:15 – 10:30

Break

10:30 – 11:45

Session 7: Mass digitization, generally

11:45 – 1:00

Lunch

1:00 – 2:15

Session 8: Extended collective licensing and mass digitization

2:15– 2:30

Break

2:30 – 5:00

Session 9: The structure and mechanics of a possible extended collective licensing system in the United States

Background

The Copyright Office is reviewing the problem of orphan works under U.S. copyright law in continuation of its previous work on the subject and to advise Congress on possible next steps for the United States. The Office has long shared the concern with many in the copyright community that the uncertainty surrounding the ownership status of orphan works does not serve the objectives of the copyright system. For good faith users, orphan works are a frustration, a liability risk, and a major cause of gridlock in the digital marketplace. The issue is not contained to the United States. Indeed, a number of foreign governments have recently adopted or proposed solutions.